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(영문) 울산지방법원 2019.07.18 2018나23230
부당이득금
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. On March 17, 2010, the Plaintiff invested KRW 30,000,000 in total and KRW 30,000,000 in relation to the Defendant’s land investment business.

B. On May 31, 2010, the Plaintiff invested KRW 30,000,000 to the Defendant in relation to the Defendant’s land investment business.

C. On February 28, 201, the Plaintiff received KRW 61,200,000 from the Defendant as the return of the investment amount.

On May 30, 201, the Plaintiff invested KRW 100,000,00 in its own money in relation to the Defendant’s land investment business.

E. On August 28, 2012, the Plaintiff received KRW 33,000,000 from the Defendant as the return of the investment amount, and paid KRW 33,00,000 to C on August 29, 2012, the next day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 18, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff invested a total of KRW 190,00,000,000, including C’s investment money of KRW 30,000 (i.e., KRW 60,000,000 as of March 17, 2010) in the Defendant’s investment of KRW 30,000,000 as of May 31, 201 (i.e., KRW 30,000,000 as of May 30, 201); and (ii) settled accounts of KRW 30,000,000 as of May 31, 200, KRW 30,000 as of KRW 30,000,00 as well as KRW 30,000,00 as of KRW 30,00,00 as of February 28, 201; and (iii) returned the investment money of KRW 30,000,3008.2.

However, the Defendant agreed on the amount of money equivalent to a few times the investment amount within two to three years with respect to the investment amount as of March 17, 2010, and on May 30, 201, with respect to the investment amount as of May 30, 201, the amount equivalent to a few times the investment amount was returned within one to two years, and the Plaintiff did not implement the agreement. Accordingly, around October 2015, the Plaintiff entered into an investment agreement of KRW 130,000 with respect to the said investment amount on the ground of the Defendant’s nonperformance of obligation.

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